Tuntun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32341 of 2023 Arising Out of PS. Case No.-117 Year-2019 Thana- KHAIRA District- Jamui ====================================================== Tuntun Yadav Son of Basuli Yadav @Bindeshwar Yadav Village -Chaukitar ,Ps- Khaira, Dist Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mala Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with S.T. Case No. 645 of 2022 arising out of Khaira P.S. Case No. 117 of 2019 registered for the offence under Sections 147, 148, 149, 448, 353, 427, 435, 436, 295(A), 153(A) and 504 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 07.08.2021.

The present F.I.R. was lodged against 200 unknown Hindus and 100 Muslim persons on the account of communal issues due to assault of one Sakal Kumar Yadav.

Patna High Court CR. MISC. No.32341 of 2023(2) dt.03-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in F.I.R. and allegation against this petitioner is appearing very much general and omnibus. It is submitted that several co-accused persons have granted anticipatory bail by the Court through Cr. Misc. No. 1343 of 2020 vide order dated 25.02.2020. While concluding the argument, it has been submitted that petitioner found involved in five more criminal cases, where he is on bail in four cases and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as allegation is appearing very much general and omnibus against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 07.08.2021, accordingly the petitioner, above named, is directed to be released on bail in connection with S.T. Case No. 645 of 2022 arising out of Khaira P.S. Case No. 117 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.32341 of 2023(2) dt.03-07-2023 3/3 Judge-III, Jamui/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T